These Terms govern your access to and use of Cloutspire, a workspace for influencer-marketing agencies, creators and brand clients, provided by Cloutspire ED, Bodhan, Nizamabad district, Telangana, India (“we”, “us”). By creating an account, opening a private link, or otherwise using the Service, you agree to these Terms and to our Privacy Policy. If you use the Service for an organisation, you confirm you have authority to bind it. If you do not agree, do not use the Service.
1. Who can use the Service
You must be at least 18 and legally able to enter a contract. The Service is for business use. Agencies are our customers; creators and brand clients are invited by an agency and use the Service under the agency’s account.
2. Accounts and access links
- Provide accurate information and keep it up to date.
- Keep passwords, PINs and private links confidential. Anyone holding a private creator or client link can use the access it grants, so share links only with the intended person. You are responsible for activity through your credentials or links until you tell us otherwise.
- Passwords must be at least 10 characters. Tell us promptly at the address in section 18 if you suspect unauthorised use.
3. Roles and responsibilities
The agency owner is responsible for its workspace: inviting and deactivating team members, assigning roles, choosing what creators and brands can see, and for the lawfulness of the data it enters. The agency confirms that it has a lawful basis and all required notices and consents to record creators’ and clients’ personal data (including PAN, GSTIN and bank/UPI details) and to share it as it chooses. Creators and brand clients are responsible for the accuracy of what they submit. For personal data the agency enters, the agency is the data fiduciary and we are its processor; Section 1 of the Privacy Policy and these Terms are the processing terms between us, and we will process that data only on the agency’s documented instructions and keep it confidential.
Campaigns, deliverables and approvals
Budgets, deliverable quantities, deadlines, revision limits, content usage rights, exclusivity, compensation and payment terms are agreed between the agency, brand and creator, not with us. Unless we sign a separate written agreement, Cloutspire is not a party to those arrangements. A recorded submission, approval, revision request or completion status is a record of an action taken in the Service; its legal effect depends on the circumstances and the parties’ agreement. Review content carefully before publication: approval tools and automated checks do not guarantee compliance with advertising law, intellectual property rights or platform policies.
Confidentiality
You may see confidential information belonging to agencies, brands, creators and other users. Use it only for the authorised purpose, protect it from unauthorised disclosure, and share it only with people entitled to receive it. This does not cover information that is lawfully public, independently developed, or lawfully obtained without a confidentiality restriction, and does not prevent disclosure required by law.
4. Acceptable use
You will not:
- break the law or infringe others’ rights, including copyright, trademark, privacy and publicity rights;
- upload unlawful, defamatory, hateful, content that sexualises or exploits minors, sexually explicit material, deceptive or malicious content, or promote content that violates platform or advertising rules (for example failing to disclose paid promotion where required);
- access data outside your role, attempt to bypass security or tenant separation, probe or test the Service without written permission, or interfere with its operation;
- scrape, resell, sublicense or build a competing product from the Service, or use automation beyond documented interfaces;
- upload malware, or misuse the Service to send spam;
- use data obtained through the Service to harass, target or profile individuals, or for unlawful purposes.
5. Your content
You keep ownership of the content and data you put into the Service (“Your Content”), including files stored in your Google Drive. You grant us a limited, non-exclusive licence to host, process, transmit and display Your Content solely to operate, secure and support the Service for you. You are responsible for having the rights to Your Content. We may remove content that breaches these Terms or the law. We act as an intermediary: we do not select or edit the content users upload, and if we receive notice or a lawful order that content is unlawful or infringing, we may remove or disable it and will act under the Information Technology Act, 2000 and the rules made under it. Report such content or any complaint to the contact in section 18. Creators’ content remains subject to whatever usage rights are agreed between the creator and the agency or brand; the Service does not itself transfer those rights.
Brand and creator rights
Using Cloutspire does not by itself transfer ownership of a creator’s content to a brand, give a creator rights to a brand’s trademarks or confidential materials, or grant anyone rights to use content beyond what the relevant parties have agreed in their campaign agreement.
6. Third-party services
The Service connects to third-party services such as Google (Drive, Forms, YouTube, Gemini), Meta (Instagram) and email providers. Your use of them is also governed by their terms (including the YouTube Terms of Service, Google’s terms and Meta’s terms). You can disconnect integrations at any time. We are not responsible for third-party services, their availability, changes to their APIs, or data they hold. Social metrics come from those platforms and may be incomplete or delayed; features relying on them may change or stop if access is restricted. The Service’s use of Google user data is described in the Privacy Policy and follows the Google API Services User Data Policy, including its Limited Use requirements.
7. Finance, tax and agreements
- Records, not payments. The Service records invoices, payouts and payment references. It does not process, hold or transfer money, and we are not a payment provider, bank or escrow.
- Tax calculations are aids. GST, TDS and similar calculations follow the rates and rules the agency configures and are for convenience only. They are not tax, legal or accounting advice. You are responsible for verifying them, filing returns, deducting and depositing taxes, and complying with applicable law. Please consult a qualified professional.
- Electronic acceptance. Agreements may be accepted by typing a name and ticking a box, and we record the time, IP address, browser and a fingerprint of the text. This is an electronic record of acceptance, not a certified digital signature (such as Aadhaar eSign). Agencies should have their agreement wording and its adequacy for their purposes reviewed by a legal adviser. We are not a party to agreements between agencies, creators and brands.
- Compliance checks. Automated checks on captions and links (for example disclosure tags) are advisory and do not guarantee compliance with advertising or platform rules.
8. AI features
AI-generated briefs and summaries may contain errors or omissions. They are drafts; a person must review them before use. You are responsible for how you use the output.
9. Fees
Use of the Service may be subject to fees agreed in your order, proposal or plan. Unless stated otherwise, fees are exclusive of GST and other taxes, invoiced in Indian rupees, and payable within the period stated on the invoice. Fees paid are non-refundable except as required by law or expressly agreed. We may change prices on 30 days’ notice, effective at your next billing period. Plan, price, billing cycle, renewal and refund terms are shown on the pricing page or order form when you subscribe. You may cancel through your account controls or by writing to hello@cloutspire.com; cancellation takes effect at the end of the paid period unless the order form says otherwise. Taxes are charged in addition where applicable.
10. Our intellectual property
The Service, its software, design, name and branding (including Cloutspire) belong to us or our licensors. We grant you a limited, revocable, non-transferable right to use the Service for its intended purpose while these Terms apply. Feedback you give us may be used without obligation to you.
11. Availability and changes
We work to keep the Service available but do not promise uninterrupted or error-free operation. We may perform maintenance, and may add, change or discontinue features. For material changes that reduce core functionality, we will give reasonable notice.
12. Suspension and termination
You may stop using the Service and close your account at any time. We may suspend or terminate access immediately if you breach these Terms, create risk or legal exposure, or fail to pay undue fees, and may otherwise terminate on reasonable notice. On termination, your right to use the Service ends; you may export your data beforehand, and we will handle remaining data as set out in the Privacy Policy. Sections that by nature should survive (including 5, 10, 13–16) will survive.
13. Disclaimers
The Service is provided “as is” and “as available”. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, accuracy and non-infringement. We do not warrant that creators, brands or third parties will perform their obligations, or that campaign results will be achieved.
14. Limitation of liability
To the fullest extent permitted by law, we are not liable for indirect, incidental, special, consequential or punitive damages, or for loss of profit, revenue, goodwill or data. If you pay for the Service, our total liability for any claim arising from it is limited to the fees you paid us in the 12 months before the event giving rise to the claim. If you use the Service free of charge, you use it at your own risk and, to the fullest extent permitted by law, we have no liability to you for it. Nothing in these Terms limits liability that cannot be limited by law.
15. Indemnity
You will indemnify and hold us harmless from claims, losses and expenses (including reasonable legal fees) arising from Your Content, your breach of these Terms or the law, or your violation of anyone’s rights—including failure to obtain required consents for personal data you enter.
16. Governing law and disputes
These Terms are governed by the laws of India. Parties will first try to resolve disputes in good faith by written notice. Failing that, disputes will be subject to the exclusive jurisdiction of the courts at Bodhan, Nizamabad district, Telangana, India (or, where the value or nature of the claim requires it, the competent court at Nizamabad), subject to any mandatory rights you have under law.
17. General
- Changes to these Terms. We may update them; the new version applies from its effective date, and we will notify account owners of material changes. Continued use means acceptance.
- Entire agreement. These Terms, the Privacy Policy and any signed order form are the full agreement; the order form prevails on conflict about its subject.
- Severability and waiver. If a provision is unenforceable, the rest remains in effect; failing to enforce a right is not a waiver.
- Assignment. You may not assign these Terms without our consent; we may assign them in a merger or sale.
- Force majeure. Neither party is liable for delay caused by events beyond its reasonable control.
- Electronic communications. You agree we may contact you electronically, including in-app and by email.
18. Contact
Questions about these Terms: hello@cloutspire.com · Cloutspire ED, Bodhan, Nizamabad district, Telangana, India. Privacy matters: see the Privacy Policy.